It could potentially work out badly for Dr. Pestel

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7.2 Confidentiality and Non-disparagement.

(a) Seller agrees that, for a period of five (5) years after the Closing Date (the “Restricted Period”), Seller will not use for its own benefit or divulge or convey to any Third Party, any Confidential Information relating to the Product Business. For purposes of this Agreement, “Confidential Information” means all Trade Secrets, know-how, ideas, business plans, pricing information, the identity of and any information concerning customers or suppliers, computer programs (whether in source code or object code), procedures, processes, materials (including biological materials), data, nonpublic regulatory information, experimental protocols and results, nonpublic algorithms (including gene signature algorithms), strategies, methods, systems, designs, discoveries, inventions, production methods and sources, marketing and sales information, information received from others that is obligated to be treated as confidential or proprietary, information relating to Seller’s corporate finance and liquidity transactions, and any other technical, operating, financial and other business information relating to Seller, its business, potential business, operations or finances, or the business of its Affiliates or customers. Information which enters the public domain or is publicly available loses its confidential status hereunder so long as neither Seller, nor any of its Affiliates directly or indirectly causes such information to enter the public domain.

(b) Seller will not at any time disparage the reputation of NewCo, the Surviving Corporation, or any of their Affiliates.

(c) Seller agrees and acknowledges that any breach of this Section 7.2 may cause irreparable injury to NewCo and/or the Surviving Corporation, and upon any breach or threatened breach of any provision of this Section 7.2, NewCo and the Surviving Corporation shall each be entitled to temporary, preliminary and permanent injunctive relief (without the necessity of posting a bond or other equitable relief), specific performance or other equitable relief; provided, however, that this shall in no way limit any other remedies which such Person may have as a result of such breach, including the right to seek monetary damages.

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